Nominet finds critical website not an abusive domain name registration

[RazorNF]

regarding the dispute over opticalexpressruinedmylife.co.uk

Nominet finds critical website not an abusive domain name registration

This decision is a useful exploration of the factors that Nominet will consider when assessing abusive registrations for criticism websites incorporating a complainant's trademark in the domain name. As the expert summarised, a registration will not be abusive if:

"the Domain Name itself makes it abundantly clear that there is no connection between the Domain Name and the trade mark holder and leaves internet users in no doubt as to what type of content to expect when accessing the corresponding website…[and where] the Domain Name does not exactly match the Complainant's trade mark and neither is it likely to cause any confusion in the minds of internet users."

However, in light of this expert's approach conflicting with that of the expert in the 'ihateryanair.co.uk' decision, there is some uncertainty going forward as to whether Nominet will view de minimis commercial interests as tainting otherwise bona fide registrations.